Seatbelt Defense in Florida Personal Injury Claims

Florida personal injury cases often involve discussions about comparative negligence, especially concerning the seatbelt defense. This concept can significantly impact the outcome of a motor vehicle accident or any other injury case. Comparative negligence refers to the role the accident victim may have played in causing the accident or the degree to which their actions may have worsened their injuries. This topic gained prominence after lawmakers enacted changes to Florida’s tort laws in March 2023. HB 837 altered how fault is allocated in personal injury claims. Now, any victim found more than 50% at fault cannot recover any compensation for the incident.

One common comparative negligence defense used by Florida defense lawyers and insurers is the “seatbelt defense.” This strategy aims to pressure plaintiffs into settling for less than their case is worth.

What is the Seatbelt Defense?

Under Florida law, wearing a seatbelt is mandatory for drivers and passengers in motor vehicles. Failing to comply with this law can lead to various arguments. These arguments suggest that the injured party contributed to the accident or worsened their own damages. However, simply not wearing a seatbelt does not automatically bar recovery. A plaintiff can still seek compensation for a motor vehicle accident caused by someone else’s negligence. A jury must consider the circumstances. They also need to evaluate the extent to which the lack of a seatbelt contributed to the injuries or the accident.

If a jury finds a plaintiff partly responsible for their injuries due to not wearing a seatbelt, the jury may reduce the plaintiff’s recovery. This reduction reflects the degree of responsibility attributed to the plaintiff. For example, let’s say a jury awards a plaintiff $100,000 in damages. But, the jury finds them 20% at fault for not wearing a seatbelt. The jury will reduce the compensation, allowing the plaintiff to receive $80,000.

Contact Schwed, Adams & McGinley

At Schwed, Adams & McGinley, P.A., our experienced personal injury attorneys boast over 200 years of combined legal practice representing victims of all types of motor vehicle accidents in Florida. We have encountered numerous insurers and defense attorneys who think they have a “get out of jail free” card when they find our client not wearing a seatbelt during an accident caused by someone else’s negligence. Nevertheless, we recognize that the seatbelt defense is often a red herring. Juries can see through the tactics of defense attorneys and insurers trying to avoid paying adequate compensation.

If you, a family member, or a loved one has been involved in any type of motor vehicle accident, even one where you may not have been wearing a seatbelt, contact the experienced personal injury attorneys at Schwed, Adams & McGinley, P.A. today at 877-694-6079 or at contact@schwedlawfirm.com for a free consultation.